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Denver Criminal Lawyer Explains How to Tell if Your Rights Were Upheld or Violated at Your Arrest

March 7, 2018

When you’re arrested, whether it’s for a DUI or another offense entirely, it’s easy to lose focus on the rights you’re entitled to. However, every law enforcement officer is required to offer the same rights to every citizen in their custody from the moment you’re arrested to the final hearing in your case. Your Denver criminal defense attorney wants to help you understand what to look for to determine if your rights have been violated at any time during your custody. Here are a few things you should look for when assessing how you were treated and whether or not your rights were upheld.

You Were Read Your Rights

During every arrest, whether it’s for a major crime or minor infraction, the officers are legally required to read you the Miranda Rights if they intend to question you. These rights let you know what you’re entitled to while you’re in their custody. If the officer fails to read you your rights, they can face disciplinary and legal action. 

You Were Allowed to Stay Silent

One of the most important parts of the Miranda Rights relates to your ability to remain silent during questioning without your attorney. This helps you avoid incriminating yourself during the preliminary investigation and prevents law enforcement from demanding that you answer a question without legal counsel present. If they asked you to speak without your attorney or otherwise forced an answer from you, your rights have been violated.

Law Enforcement Offered You an Attorney

If the police do not offer you an attorney or give you the chance to contact an attorney of your choice prior to questioning, they’ve violated your rights. Once you do have access to an attorney, make sure to explain what happened so they’re aware of the full situation and the abuse of power exhibited by the police.

Questioning Stopped Until Your Attorney Arrived

Police are allowed to ask you questions until you ask for your attorney. Once you do, their questioning should stop until your attorney is present and can advise you on how best to answer without incriminating yourself. If the police continue to question you without your attorney present, your rights have been violated. This applies even if you initially answer their questions and decide to ask for a criminal defense attorney at a later time.

You Were Treated Fairly

Unfortunately, officers are increasingly treating those they arrest unfairly, often resulting in physical and emotional abuse of those they’re supposed to protect. If an officer has treated you unfairly at any point during your arrest and detention, it’s important to tell your attorney immediately. This behavior is both reprehensible and a violation of the regulations set forth by the justice system.

Law Enforcement Told You About Your Charges

Officers need a reason to hold you and without making that reason explicitly clear, they cannot continue to hold you in jail. At the time of your arrest and booking, the officers should inform you of why you’re being arrested and the charges you may be facing. Keep in mind that these charges may change as the investigation continues. If the cops are holding you without telling you the specific charges you’re facing, your rights have been violated.
If you’ve been arrested, contact the Law Office of John L. Buckley as soon as possible. We will help you mount a defense against your charges and mitigate the severity of the sentence you may be facing. Call (303) 501-1800 now.